There are a variety of temporary visas that
authorize employment in the United States.

The intracompany transferee
L-1 visa is the preferable choice for those aliens who qualify
for it. This category is available for persons with specialized knowledge
or who will serve in a managerial or executive role for a U.S. company which
has a parent, branch or affiliate in the alien's country.

The H-3 visa (training program) is the best category for those participating in a training
program and who are not doing productive work.

The TN (Treaty NAFTA) is available to qualified citizens of Mexico and Canada who are members of designated professions.

The E visa (treaty trader and treaty investor) is designed for traders and investors who are citizens of countries with which the U.S.
has treaties of trade and commerce.

The J visitor visa is available for au pairs, university researchers and others who come to participate in a program of cultural exchange pursuant
to an exchange visitor program hosted by a U.S. entity.

The F (student) visa is designed to permit aliens to study in the U.S.
and also authorizes certain students to work.

Corporate Transferee (L-1)

This visa is for aliens who have worked for
a full year in the three year period immediately preceding the application
in a position which is executive, managerial or involves specialized knowledge,
and who will be doing the same type of work in the U.S. for the same employer
or one under common control. Good news: 30-day processing is mandated.
The definition of managerial capacity includes individuals who manage a function
or component of the organization and who do not actually directly supervise
other employees, but "function at a senior level within the organizational
hierarchy or with respect to the function managed." The person's "specialized
knowledge" must be of the company product and its application in international
markets or of processes and procedures of the company. Maximum period seven
years for executives and managers, five for specialized knowledge employees.

Professional (H-1B)

Available to individuals who in a "specialty
occupation" (requiring the theoretical and practical application of a body
of highly specialized knowledge) for which a bachelor's degree or its equivalent
in experience is required in the U.S. Maximum period of stay generally six
years (may be extended for a seventh year in certain circumstances).

Good news: no longer required to prove they
have a home abroad they do not intend to abandon.

Bad news: a labor department filing procedure
is required, which is not onerous but adds to the time, and only 65,000 can be issued in Fiscal Year 2006, which begins on October 1, 2005. (Effective in the current 2005 Fiscal year, an additional 20,000 visas, which are exempt from the annual cap, are available for holders of Master's degrees granted by U.S. universities).

If the employee is dismissed by the employer
before the end of the period of authorized admission, the employer is technically
liable for the reasonable costs of return transportation abroad. While
not required to recruit U.S. workers or establish that there are no suitable
U.S. workers for the position, employers will be required to file an attestation
with the Secretary of Labor that the wage level is not below the actual
wage level at the place of employment or the prevailing wage level in the
area of employment, whichever is greater, that there is no strike or lockout
in progress, that employment of the alien will not adversely affect the
working conditions of other workers, and that notice of the application
(including the wage offered) has been given to its employees or their union.

Complaints can be filed alleging that there
has been a misrepresentation in the application or a failure of compliance,
and the Secretary of Labor, after notice and hearing, can require back pay
and impose a fine up to $1,000 per violation. After a violation, no new
petitions by that employer to hire alien employees may be approved for at
least a year. Since a complaint may be filed any time up to 12 months after
the misrepresentation or failure of compliance alleged, employers will have
a hard time knowing when they have passed the finish line, since an allegation
of adverse effect on working conditions could be made as much as a year after
the alien's employment terminates.

Business visitors (B-1)

The State Department has long permitted not
only brief business visits on this visa, but also longer stays in what would
otherwise be a professional (H-1B) or trainee (H-3) capacity, so long as
the worker continued to be paid only by the foreign employer and not on
a U.S. payroll. However, the work done by the foreign person must be for
the benefit of the foreign employer; the B-1 cannot be used to "lease" employees
to U.S. companies to perform work for the U.S. company.

Temporary job visas (H-2)

The visa, generally available only for a year,
requires proof that the job itself is expected to terminate, and a finding
by the U.S. Dept. of Labor that there are no qualified U.S. workers after
recruitment by the employer. It can take 2 months to get one of these approved.
No more than 66,000 visas a year.

Trainees (H-3)

These visas are for those participating in an
actual training program, not just "learning by doing," and they must not
displace a U.S. worker. The program must not be designed primarily to provide
productive employment. It helps if you can establish that the person needs
the training to perform his job in his home country. The briefer the training,
the more likely the approval. Classroom training is generally required to
be part of the training.

Treaty NAFTA (TN)

These visas are freely available for certain
types of professional workers who are citizens of Canada, and a bit less freely
available for professional workers who are citizens of Mexico, as both Canada
and Mexico are signatories to the NAFTA treaty. The three countries have
agreed on a list of professions and the credentials which prove the person
is a member of the profession, and those with the necessary documents can
be admitted to work in the U.S. for a U.S. employer for up to a year. Renewals
are freely granted without limitation. Self-employment, however is not permitted,
except for consultants. Canadians present their papers at the border and
usually enter the same day; for Mexicans the employer must file a petition
with the Bureau of Citizenship and Immigration Services, which can take 4 to 6 weeks.

Treaty Visas (E-1 and E-2)

Treaty visas are available to traders (E-1)
and investors (E-2) who are citizens of countries with which the U.S. has
treaties of trade and commerce, such as Japan, Germany, the U.K., etc.
The list of countries is being expanded rapidly to include many former Soviet
Union and African countries. Trade with the U.S. may include trade in services
as well as tangible products. The trade with the U.S. or the investment
in the U.S. must be "substantial". The person must be either managerial
or possess essential skills.

Exchange Visitors (J or Q)

These visas are not issued individually, but
only in connection with approved programs designed to promote international
friendship. An alien who fits the criteria for one of the programs can receive
an individual visa to work in the U.S., usually for up to 18 months, longer
for some university research positions.

Visas for Aliens with Outstanding Ability (O-1)

The O-1 visa is for individuals who are leaders in their field, as proven
by sustained national or international acclaim and achievement. This can
include leaders in scientific fields, as well as those in the arts, education,
business or athletics. The definition for each field varies slightly, but
most candidates must prove they have risen to "the very top of the field,"
as evidenced by important awards, publications, and recognition by experts.
The visa petition must also be supported by an advisory opinion from one of
the unions in the field, if one exists, describing the alien's achievements
and the duties they will perform in the US. O-2 visas are for people who
work in support of O-1 holders, and O-3 visas are for dependents. Most O
visa are intially granted for three years, and can be extended annually.

Students (F)

Students who are studying pursuant to a student
visa are allowed to work under certain conditions. In most instances, the
students are allowed to work either on campus or off-campus during vacation
after the end of the first academic year. In addition, some students may
be accorded a designation of post-curricular practical training, permitting
them to work for up to one year following graduation. F visas are not available
for public school students below college level.